1. Work Permit
2. Working as a Sex Worker
3. Payment
4. Workplace
5. Taxes
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1. Work Permit
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Migrants cannot start working legally as sex workers in Denmark, as prostitution, in legal terms, is neither considered to be work nor to be a trade; for more details see Migration.
Prostitutes who have acquired Danish nationality may engage in prostitution without risk of deportation. |
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Who needs a work permit?
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EU nationals do not need a work permit or a residence permit.
In general non-EU migrants need a work permit in Denmark. Non-EU migrants cannot obtain a work permit specifically to work as a prostitute, therefore it is not possible for non-EU migrants to work legally as a prostitute in Denmark. In Denmark prostitution, in legal terms, is not considered to be work.
Non-EU migrants who want to work as waitresses, barmaids or dancers in Denmark can do this legally if they have a work permit.
It is possible to acquire a residence and a work permit for example for artists. Strippers and show dancers previously got artist visa and work permits for three to six months. This is no longer possible.
Obtaining a temporary residence and work permit requires that a person has an offer for a specific job in Denmark for which she or he has special qualifications.
A non-EU migrant can work legally as a waitress etc. if she is married to a Danish man, to another EU national living in Denmark or to a non-EU national with a residence permit living in Denmark and wants to enter the country to live with him. Then she has to apply for residence permit; for more details see Migration. |
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Please note:
There is a special regulation on the issue for citizens of the new EU countries that acceded the EU on the 1st of May 2004 (excluding Malta and Cyprus who do not need a working permit any more). Citizens of these countries are not entitled to a residence permit to enter Denmark for the purpose of dependent salaried employment. |
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A non-EU resident may obtain a residence and work permit for a specific period of time, if the person has an offer for a specific job in Denmark for which she has special qualifications. Work and residence permits may be granted to individuals intending to take paid or unpaid work, as well as to the self-employed. The conditions for this type of permit are generally quite restricted. However, aliens with special qualifications within professions where a shortage of qualified labour exists have the opportunity to obtain work and residence permits in Denmark.
Finally, aliens intending to work in Denmark as au pairs, interns or trainees may be granted residence permits in Denmark. |
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Consequences of working without a permit
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Staying and working in Denmark without a valid residence permit or work permit is illegal.
If a woman does so nevertheless,
- the woman can be expelled / deported,
- she may lose her work permit which she obtained for other work than prostitution,
- she may lose her residence permit
- she can be forbidden from re-entering the country
- she can encounter difficulties when applying for any kind of new visa or permit.
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Please note:
These consequences are enforced in practice. |
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Consequences of working without adequate permits
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Working without adequate permits is illegal.
If a woman holds a permit which is adequate for her to work as a waitress or a dancer, but works as a prostitute,
- she may lose her work permit
- she may lose her residence permit
- she can be expelled / deported
- she can be forbidden from re-entering the country
- she can encounter difficulties when applying for any kind of new visa or permit.
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Please note:
These consequences are enforced in practice. |
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2. Working as a Sex Worker
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Is sex work legal in Germany?
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Sex work, i.e. working as prostitute, a dancer etc. is not itself illegal, and consequently a prostitute cannot be penalised for being a prostitute.
On the other hand prostitution in Denmark is neither a trade nor a job. |
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A prostitute may commit criminal or alien offences if:
- the woman works without paying taxes or accepts social benefits without informing the authorities that she has an income as a prostitute. This may be a tax fraud or a social fraud.
- The woman works without a residence permit. This can lead to deportation.If it can be proven that the woman takes money from the client in advance although she is not willing to offer her services, she is committing a crime. If the woman does so nevertheless she can be obliged to pay a fine or, as a non-EU migrant, can be deported.
- Facilitating prostitution is a crime if, e.g., the perpetrator gives a room to a woman who works as a prostitute ( § 229 (2) Danish Penal Code).
- Pimping is a crime if, e.g., the perpetrator is keeping a brothel or the prostitute is younger than 21 years old (§ 228 Danish Penal Code); for more details see Prosecution.
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Registration
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| Prostitutes only have to register in Denmark for tax purposes with the local tax and customs authorities. |
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Health
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| Prostitutes are not obliged to undergo regular health checks. The woman can also not be forced to undergo a health check if there is a suspicion that she might have caught a sexually transmitted disease. |
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3. Payment
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If the client does not pay
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An example:
A woman who works in the streets doesn’t take the money in advance. Afterwards, the client refuses to pay. What possibilities does the woman have to obtain her money?
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It comes to a contract between the prostitute and her client. This contract is legally valid. The woman has the right to receive payment from the client.
Due to the contract she has the right to claim the money before a court.
In practice, though, this never happens. Also prostitutes without adequate permits run the risk of their status becoming known to the police if they claim their money by official means. Therefore she should always seek legal advice before initiating proceedings.
If a prostitute takes a case to court, she will be part of a civil case. This means that she has to appear in court personally. She has the burden of providing proof during the case as in other civil suits.
If the client pays a prostitute in advance, but she does not offer her services, she commits a crime, if it can be established that she never intended to work. The client is entitled to have his money back, but cannot force the woman to work. Neither can the police.
If the client is not willing to pay the woman for her services, she is entitled to damages. The client can be penalised for not paying the prostitute. |
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If the person the woman works for does not give her enough money
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An example:
A woman works in a brothel, sex club etc. where the client gives the money to a third person, e.g. to the person who runs the club. Before this third person gives any money to the woman, he deducts a percentage for himself or deducts the rent of the room, money for food etc. What happens if he doesn’t pay her at all or if he deducts too much?
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Running a brothel is illegal in Denmark, in accordance with the penal code. A woman cannot be employed as a prostitute as this would make the status of the employer a pimp or a brothel owner.
Prostitutes may legally organise massage parlours in such way that they rent some time in the massage parlour and pay rent to the owner. If the rent is excessively high, the owner may be charged with running a brothel, due to the exploitation.Running a brothel is illegal. If a place for prostitution owned by a person who exercises management of the place and the sexual services of the women and demands them to pay to the degree of exploitation, the place will be judged as a brothel by the courts. Only by a criminal case can the difference between a massage parlour and a brothel be defined. Running brothels is illegal and punishable pursuant to the Penal Code art. 228.A massage parlour is a place where a number of prostitutes have organized themselves and the prostitutes are self-employed and rent time in the massage parlour. Although one person may own the premises and the others pay rent, the expenses are shared and the money the owner makes is such that it does not constitute exploitation. The owner has no powers of an employer in relation to the “working conditions” and services of the prostitutes.Illegal brothels still exist in Denmark, but the police are aware of the brothels and every year a number of persons are charged with running brothels in conflict with Danish penal code. In 2003 police got new powers pursuant to the Act of Administration of Justice to apply wire- and phone and room tapping and use electronic devices in the investigation, etc. in cases of pimping and running brothels, which is expected to lead to more criminal cases against brothel owners. |
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4. Workplace
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A. In the Streets
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| 1. Work Conditions |
In Denmark most of the prostitution is prostitution in massage parlours or escort prostitution. Street prostitution is mainly concentrated in Copenhagen and Aarhus. There are no restrictions as to where prostitutes may work on the streets.
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| 2. Time Restrictions |
There are no restrictions as to when prostitutes may work on the streets.
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B. In a Brothel / Club / Window Prostitution
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| 1. Work Conditions |
There are no restrictions as to whether prostitutes may work in a massage parlour or a club.
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| 2. Time Restrictions |
There are also no restrictions as to when a prostitute may work in clubs or massage parlours.
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C. In an Apartment
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It is legal to work as a prostitute in an apartment and it is legal to rent an apartment to a prostitute. However, running prostitution may be against certain house rules. In the worst case the owner of the house can oblige the woman to leave the apartment.
There are no restrictions on advertising for prostitution, as long as the advertisement is not an offence against public decency. |
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D. As a Waitress
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Working as a waitress is legal. In reality, there are many women who are employed as waitresses or barmaids and work as prostitutes.
Please note: If a woman has a work permit as a waitress she is not allowed to work as a prostitute. For more details see Work Permit and Migration. |
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E. As a Dancer
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Working as a dancer is legal. In reality, many women are employed as dancers and go-gos, but also work as prostitutes.
Please note: If a woman has a work permit to work as a dancer/go-go she is not allowed to work as a prostitute; for more details see Work Permit and Migration. |
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F. As an Employee
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Migrant sex workers in Denmark rarely work alone. Usually there is a person who runs the club, rents her a room/ apartment, takes the money from the clients etc. Many prostitutes therefore depend on middlemen and some are trafficked.
Due to the fact that prostitution in Denmark is not considered to be a job or a trade, a woman cannot obtain a work contract which entitles her to wages or to any worker’s rights as in any other profession. The employment of prostitutes is not legal for the employer.
If the employer employees a prostitute he will be penalised, on the other hand there are no legal consequences for the woman.
Waitresses, barmaids and dancers who work with an adequate permit can obtain a work contract and can refer to all labour protection rights.
In reality many women are employed as waitresses and barmaids but also work as prostitutes.
Please note: If a woman has a permit to work as a waitress, etc. she is not allowed to work as a prostitute. If she does so nevertheless, the woman will be penalised, expelled and banned from re-entering the country; for more details see Work Permit and Migration. |
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| Employing sex workers |
| In Denmark it is not legal to employ prostitutes. It is also not legal to employ other sex workers than prostitutes. |
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5. Taxes
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A. Self-Employed
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Self-employed prostitutes have to pay taxes and VATS (value added tax) under the tax scheme of self-employed persons.
The competent authority is the “Told og Skat“, the tax and customs authorities. They may deduct the necessary expenses to run the massage parlour. |
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B. Working as an Employee
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Barmaids, waitresses, dancers and go-gos have to pay taxes under the income tax scheme. Taxes are deducted directly from their wages.
The competent authority is the “Told og Skat“, the tax and customs authorities. |
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